THIRUVANANTHAPURAM: The Advocate General has left it to the state police to act on the Enforcement Directorate’s report against former Chief Minister Pinarayi Vijayan, his daughter Veena T and son-in-law P A Mohamed Riyas in the alleged CMRL bribery case and decide whether to register an FIR, sources said on Monday.
The government had sought the AG’s legal opinion on a letter sent by the ED to State Police Chief DGP Ravada A Chandrasekhar seeking registration of an FIR under the Prevention of Corruption Act against Vijayan, Veena and Riyas. The ED sought action based on “evidence” gathered during its probe and searches conducted under the Prevention of Money Laundering Act (PMLA).
According to sources, Advocate General Jaju Babu gave his opinion after consulting Director General of Prosecution T Asaf Ali and Additional AG P Muhammad Shah on the factual and legal issues involved.
In his opinion, the AG cited Supreme Court judgments holding that police are required to register an FIR on receiving information from the ED if it discloses a cognisable offence, or register a non-cognisable case, as applicable.
The Supreme Court has also held that if the information does not disclose a cognisable offence but police consider an inquiry necessary, a preliminary inquiry can be conducted to determine whether a cognisable offence is made out, the AG said, according to sources.
State Home Minister Ramesh Chennithala on Saturday said the government had received the AG’s legal opinion and was examining it. He said further steps would be taken after discussions with the Chief Minister.
The ED has alleged that Cochin Minerals and Rutile Ltd (CMRL) made fraudulent payments of Rs 2.78 crore to Veena’s now-defunct company, Exalogic Solutions, under the guise of “IT consultancy services”.
The agency had searched premises linked to Veena, who was living with Vijayan at a rented accommodation in Thiruvananthapuram, in June and subsequently questioned her.
(With inputs from PTI)
